Did you know that under The Hague Convention related to International Child Abduction a child may not have to be returned to the country of origin even if the parent wrongfully removed the child after explicit orders from the Court not to remove the child? Under Article 13 of the Convention, a child removed from his country, in violation of court orders not to so, may not be ordered returned to his country of habitual residence, if there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The exception requires proof of significant abuse to the child or to the parent by the other parents This exception applies to all signatory countries, such as England, Australia, and Ecuador, to name a few. For more information call Maria T. Sallato, Esq. at: Sallato & Associates. P.A. 9990 SW 77th Avenue, Penthouse 12 Miami, Florida 33156 (305) 598-9600 firstname.lastname@example.org
The convention stems from the response of 62 sovereign nations to the global problem of international child abduction. The overriding objective is to spare children the detrimental emotional effects associated with transnational parental kidnaping.
The Hague Convention was enacted to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the country of their habitual residence. The Convention intends to restore the pre-abduction status quo and deter parents from crossing borders in search of a more sympathetic court for custody hearings. To secure the prompt return of children wrongfully removed to or retained in any Contracting State.
The Convention is premised upon the notion that the child should be promptly restored to his or her country of habitual residence so that a court there can examine the merits of the custody dispute and award custody in the child’s best interest.
The traditional way of getting a divorce is to involve the court system from the beginning. Each party takes a position as to what he or she wants from the outset. Read more
The convention stems from the response of 62 sovereign nations to the global problem of international child abduction. The overriding objective is to spare children the detrimental emotional effects associated with transnational parental kidnaping. Read more